Resolution No. 2012-122RESOLUTION NO. 2012-122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING MAYOR OR MAYOR PRO TEM TO ISSUE
SUBPOENAS AT REQUEST OF PARTIES TO ELECTION
CONTESTS FILED WITH THE CITY COUNCIL PURSUANT TO
VERNON CITY CHARTER SECTION 3.4
WHEREAS, the provisions of Chapter 2 of the City Charter of the
City of Vernon state that: "The city shall have full power and authority to
adopt, make, exercise and enforce all legislation, laws, and regulations
and to take all actions in respect to municipal affairs, without
limitation, which may lawfully be adopted, made, exercised, taken or
enforced under the Constitution of the State of California subject only to
such limitations as may be provided by this Charter"; and
WHEREAS, Chapter 3.4 of the City Charter of the City of Vernon
provides that "the city council shall be the final judge of election
results and the qualifications of its members"; and
WHEREAS, on June 18, 2012, an election contest of the
June 5, 2012 Special Municipal Election was filed with the City Council of
the City of Vernon invoking its jurisdiction pursuant to Chapter 3.4 of the
City Charter of the City of Vernon; and
WHEREAS, on June 27, 2012, the City Council of the City of
Vernon adopted Ordinance No. 1197 establishing procedures for election
contests filed pursuant to Chapter 3.4 of the City Charter of the City of
Vernon (codified as Article XII of Chapter 2 of the Vernon Municipal
Code); and
WHEREAS, Section 2.90-5 of the Vernon Municipal Code provides
that, "The City Council of the City of Vernon may adopt by resolution
additional procedures for election contests which shall provide for fair,
transparent, and expedited adjudication consistent with due process and
equal protection of the law;" and
WHEREAS, on July 10, 2012, the City Council of the City of Vernon
adopted Resolution No. 2012-116, establishing additional procedures for
election contests filed pursuant to Chapter 3.4 of the City Charter in
order to provide for fair, transparent, and expedited adjudication
consistent with due process and equal protection of the law; and
WHEREAS, Section 8 of Resolution No. 2012-116 states, "At the
request of any party [to an election contest] made not less than five days
prior to the hearing, and pursuant to California Government Code section
37104, et seq. or any other applicable legal authority, the City Council
shall issue subpoenas for witnesses to appear and testify at the hearing";
and
WHEREAS, Government Code section 37104 provides in full: "The
legislative body may issue subpoenas requiring attendance of witnesses or
production of books or other documents for evidence or,testimony in any
action or proceeding pending before it"; and
WHEREAS, Government Code section 37105 provides that, "Subpoenas
shall be signed by the mayor and attested by the city clerk"; and
WHEREAS, in order. to provide for fair, transparent, and expedited
adjudication of election contests filed with the City Council pursuant to
Chapter 3.4 of the City Charter, the City Council of the City of Vernon
has determined that the Mayor or the Mayor Pro Tem and the City Clerk
should be given clear direction from the City Council regarding their
authority to issue subpoenas for witnesses to appear and testify at the
hearing on election contests.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VERNON AS FOLLOWS:
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.SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: City Clerk Authorized to Prepare Subpoenas.
Pursuant to California Government Code section 37104, et seq.
or any other applicable legal authority, and pursuant to Ordinance No.
1197 and Resolution No. 2012-116, the City Clerk of the City of Vernon
is hereby authorized to prepare, upon the timely written request of a
party to an election contest filed with the City Council pursuant to
Chapter 3.4 of the City Charter, subpoenas requiring attendance of
witnesses or production of books or other documents for evidence or
testimony at the hearing, on an election contest.
SECTION 3: Mayor or Mayor Pro Tem to Sign the Subpoenas.
The Mayor of the City of Vernon or, if there is no sitting
Mayor, the Mayor Pro Tem of the City of Vernon, is hereby authorized to
sign on behalf of the City Council, any subpoenas prepared by the City
Clerk pursuant to Section 2 herein.
SECTION 4: City Clerk to Attest to and Serve the Subpoenas.
Upon the signing of a subpoena by the Mayor or Mayor Pro Tem
pursuant to Section 3 herein, the City Clerk shall thereafter attest to
the subpoena and cause the subpoena to be served as expeditiously as
practicable pursuant to the requirements of California Government Code
section 37105 or any other applicable legal authority.
SECTION 5: Enforcement of Subpoenas.
If any person duly subpoenaed neglects or refuses to obey a
subpoena, or, appearing, refuses to testify or answer any questions
which the hearing officer appointed by the City Council decides proper
and pertinent, the Mayor or Mayor Pro Tem and the City Clerk are hereby
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authorized to take any and all action necessary to enforce the subpoena
in a court of law pursuant to California Government Code section 37106.
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 17th day of July, 2012
Name: William J. Davis
Title: / Mayor Pro-Tem
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2012-122, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, July 17, 2012, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this �'? day of July, 2012, at Vernon, California.
(SEAL)
k
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: July 23, 2012
TO: Mark Whitworth, City Administrator/Fire Chief
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 2012-122 — A.Resolution of the City Council of the City of Vernon
Authorizing Mayor or Mayor Pro Tern to Issue Subpoenas at Request of Parties to
Election Contests Filed With the City Council Pursuant to Vernon City Charter Section
3.4
Transmitted herewith is a copy of Resolution No. 2012-122 referenced above, which was approved by
City Council on July 17, 2012.
Thank you.
WY:dj
Attachment
c: Ana Barcia
Council
Resolution No. 2012-122
CITY CLERK'S OFFICE STAFF REPORT
CITY ADMINISTRATION
DATE: July 12, 2012
TO: Honorable Mayor Pro Tern and City Council
FROM: Mark C. Whitworth, City Administrator M Wf 11�6
RE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
AUTHORIZING MAYOR OR MAYOR PRO TEM TO ISSUE
SUBPOENAS AT REQUEST OF PARTIES TO ELECTION CONTESTS
FILED WITH THE CITY COUNCIL PURSUANT TO VERNON CITY
CHARTER SECTION 3.4
Background
The Vernon City Charter section 3.4 provides in relevant part: "The city council shall be the
final judge of election results and the qualifications of its members."
This provision empowers the City Council of the City of Vernon to receive and adjudicate
election contests. People v. Metzker (1874) 47 Cal. 524; Carter v. Superior Court.(1902) 138
Cal. 150; McGregor v. Bd. of Trustees of Town of Burlingame (1911) 159 Cal. 441.
On June 18, 2012, an election contest of the June 5, 2012 Special Municipal Election was filed
with the City Council of the City of Vernon invoking its jurisdiction pursuant to Chapter 3.4 of
the City Charter of the City of Vernon.
On June 27, 2012, the City Council adopted Ordinance No. 1197 ("AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF VERNON AMENDING CHAPTER 2, ARTICLE XII OF
THE VERNON CITY CODE ESTABLISHING PROCEDURES FOR ELECTION
CONTESTS") to amend the Municipal Code of the City of Vernon to establish procedures by
which the City Council would exercise its authority under Vernon City Charter Section 3.4.
Ordinance No. 1197 provides that, "The City Council of the City of Vernon may adopt by
resolution additional procedures for election contests which shall provide for fair, transparent,
and expedited adjudication consistent with due process and equal protection of the law." The
City Council adopted that resolution, Resolution No. 2012-116 ("A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF VERNON ADOPTING RULES AND PROCEDURES TO
GOVERN ELECTION CONTESTS FILED WITH THE CITY COUNCIL PURSUANT TO
VERNON CITY CHARTER SECTION 3.4"), at its Special Meeting on July 10, 2012.
Section 8(c) of Resolution No. 2012-116 provides:
At the request of any party made not less than five days prior to the hearing, and pursuant
to California Government Code section 37104, et. seq. or any other applicable legal
authority, the City Council shall issue subpoenas for witnesses to appear and testify at the
hearing.
Chapter 3, Part 2, Division 3 of Title 4 of the California Government sets forth the "general
powers" of California cities. The code expressly grants legislative bodies the authority to issue
subpoenas compelling the attendance of witnesses and production of documents in city
proceedings. Section 37104 provides in full:
The legislative body may issue subpoenas requiring attendance of witnesses or
production of books or other documents for evidence or testimony in any action or
proceeding pending before it.
The attached resolution provides the procedures under which the City Council of the City of
Vernon will exercise its authority to issue subpoenas.
Contents of the Proposed Resolution
The operative provisions of the resolution are modeled on the California Government Code sections
authorizing the issuance of subpoenas by a City Council and provide as follows:
Section 1. This section confirms the accuracy of the recitals supporting the resolution.
Section 2. This section of the resolution authorizes the City Clerk of the City of Vernon, upon
timely written request of a party to an election contest filed with the City Council, to prepare
subpoenas requiring the attendance of witnesses or production of books or other documents
for evidence or testimony at the hearing.
Section 3. This section provides for the Mayor or the Mayor Pro Tern of the City of Vernon to
sign any subpoena on behalf of the City Council.
Section 4. This section provides for the City Clerk to attest to a subpoena signed by the Mayor
or Mayor Pro Tern and cause the subpoena to be served as expeditiously as practicable.
Section 5. This section provides for the enforcement of subpoenas as provided in California
Government Code section 37106.
Authorization for City Council Action
The provisions of Chapter 2 of the City Charter of the City of Vernon state that: "The city shall have
full power and authority to adopt, make, exercise and enforce all legislation, laws, and regulations and
to take all actions in respect to municipal affairs, without limitation, which may lawfully be adopted,
made, exercised, taken or enforced under the Constitution of the State of California subject only to
such limitations as may be provided by this Charter." Chapter 5.3 of the City Charter of the City of
Vernon provides, in part: "The city council is authorized to adopt by ordinance procedures governing
municipal elections," which it has done with respect to election contests through the adoption
Ordinance No. 1197. Ordinance No. 1197 expressly provides, "The City Council of the City of
Vernon may adopt by resolution additional procedures for election contests which shall provide for
fair, transparent, and expedited adjudication consistent with due process and equal protection of the
law." Resolution No. 2012-116, Section 8(c) provides for the issuance of subpoenas by the City
Council in connection with election contests filed under Chapter 3.4 of the Vernon City Charter.
California Government Code section 37104 provides for the issuance of subpoenas by the legislative
body of a city.
Recommendation
It is recommended that the City Council 1) adopt the proposed resolution ("A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF VERNON AUTHORIZING MAYOR OR
MAYOR PRO TEM TO ISSUE SUBPOENAS AT REQUEST OF PARTIES TO ELECTION
CONTESTS FILED WITH THE CITY COUNCIL PURSUANT TO VERNON CITY
CHARTER SECTION 3.4 "), and 2) instruct the City Clerk with the assistance and advice of the
City Attorney to provide a form(s) of subpoena for the City Council's use.